WI court gives frame for analyzing employers’ obligation to rehire injured workers

Under the Wisconsin Worker’s Compensation Act, an employee who was injured in the course of employment can file an unreasonable refusal to rehire claim when the employer, without reasonable cause, refuses to rehire the employee even though suitable employment is available within the employee’s physical and mental limitations. In a recent opinion, the Wisconsin Court of Appeals discussed the ongoing nature of employers’ obligation to rehire injured workers and provided instruction to administrative agencies confronted with analyzing multiple alleged instances of unreasonable refusal to rehire.

Background

Bruce Belland Trucking, Inc., is a company that harvests, hauls, and sells wood. On February 26, 2018, one of its employees, who drove a loader truck, injured his knee in the course of employment. The injured worker underwent surgery to repair the injury and was released to return to work without restrictions on April 18.

Belland experienced a sharp decline in business while the injured worker was unable to work, and as a result, it sold two of its three trucks in April. When the injured worker called Belland on April 22 to discuss returning to work, it informed him that the truck he drove had been sold and that he no longer had a job with the company.